[2018] FWCA 5790
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth of Australia (acting through and represented by the Bureau of Meteorology)
(AG2018/3231)

BUREAU OF METEOROLOGY ENTERPRISE AGREEMENT 2018

Australian Capital Territory

DEPUTY PRESIDENT COLMAN

MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Bureau of Meteorology Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bureau of Meteorology Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth of Australia (acting through and represented by the Bureau of Meteorology). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Association of Professional Engineers, Scientists and Managers, Australia; the CPSU, the Community and Public Sector Union; and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement that was lodged with the Commission included incorrect information and cross-referencing. In correspondence sent to the Commission the Applicant confirmed the parties’ understanding of the correct information for the lodged Agreement. On 14 September 2018, the Applicant provided a corrected version of the Agreement. I am satisfied that it is appropriate to approve the corrected Agreement pursuant to s.586 of the Act.

[6] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A